A.K.Datta, J. - (1.) By these two Revisional Applications under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Code), the Petitioner-accused-Arun Kr. Sinha (hereinafter referred to as petitioner) has prayed the Court for quashing of the two relevant Criminal Proceedings, being case Nos. 13 & 14 of 1987, now pending before the learned Judge, 1st Special Court, 24-Paraganas Alipore, arising out of section "M" Case No. 79 dated 13-3-84, for the reasons stated and on the grounds made out therein.
(2.) During the hearing, the learned Advocate for the Petitioner, Mr. Milan Mukherjee, had urged only two grounds for quashing of the Proceedings, namely that : 1. It was incompetent for the learned Judge to take cognizance of the alleged offence in the absence of Sanction under section 197 of the Code, since the alleged offence had allegedly been committed by the petitioner as a public servant in the discharge of his official duty, and 2. On the ground of undue delay in the trial of the aforesaid two relevant cases infringing his right to speedy, trial as enshrined by Article 21 of the Constitution of India.
(3.) The aforesaid case no. 13 of 1987 had been started on the allegations, inter-alia, that the Petitioner, who was the Head Accountant-cum-Cashier of 2nd Battalion. Calcutta Armed Police and entrusted to hold in his safe custody Govt. cash belonging to the Office of the Deputy Commissioner of Police, 2nd Battalion, had allegedly misappropriated the sum of Rs. 19, 754.45 p. only in his aforesaid capacity during the period from 18/10/82 to 10/10/93.;